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Publication Date: 2020-06-15
Practice Area: Public Utilities
Industry: Energy
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0616
Substantial evidence supported commission's opinion and order in its ruling on company's tariff increase because commission properly interpreted 66 Pa.C.S. §§332(a) and 315(a), weighed the evidence presented,ruling was not inconsistent with the electricity generation customer choice and competition act and did not rebundle distribution and generation rates. Affirmed.
Publication Date: 2020-05-25
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0532
Petitioner challenged subchapter I of act 29 as applied to him and court found the subchapter was punitive as applied to petitioner who committed his offense before there were any registration or notification requirements and violated the ex post facto clause. Application granted in part
Publication Date: 2020-01-27
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0075
Public utility commission did not abuse discretion to approve general rate increase where utility allowed to include capital projects that would come online at any point in projected year in calculating rate base and where utility's proposed infrastructure improvement expenditures were sufficient to demonstrate proper use of Act 40 savings. Order of the Public Utility Commission affirmed.
Publication Date: 2020-01-13
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 20-0003
Appellees met their prima facie burden to demonstrate an inability to prepay a civil penalty before proceeding with an appeal from a health department violation where they offered unrebutted proof that they would be unable to convert certain assets in the timeframe required. The appellate court affirmed.
Publication Date: 2020-01-06
Practice Area: Administrative Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Jubelirer
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for defendant:
Case Number: 19-1510
The appellate court rejected claimant's argument that his employer bore the burden of demonstrating that all his injuries, accepted and alleged, were not work-related or that there was an independent cause for such injuries given precedent narrowing the holding in Gumro v. Workmen's Comp. Appeal Bd. The appellate court affirmed.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2020-01-06
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 19-1517
Hearing officer erred in denying petitioner's application for a nunc pro tunc hearing and granting department's motion to quash because department denied petitioner his opportunity to be heard in the first instance and abused its discretion in applying nunc pro tunc appeal standards to deny petitioner's untimely request for an initial hearing. Vacated.
Publication Date: 2019-11-18
Practice Area: Civil Rights
Industry: Education
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 19-1365
Commission erred in determining that petitioner was a public accommodation without holding an evidentiary hearing because the question of whether an entity was a public accommodation was determined by the specific factual situation of each case and motions examiner erred in relying on the argument that "any and all schools" were covered under 43 P.S.§954(l). Vacated.
Publication Date: 2019-11-04
Practice Area: Administrative Law
Industry: Cargo and Shipping | Transportation
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 19-1291
Respondent was not entitled to nunc pro tunc relief on its untimely petition for reassessment of unemployment compensation taxes where the company received timely notice of the assessment at one of its offices and offered no evidence that it made arrangements to monitor mail received there, despite knowing the office was not staffed daily. The appellate court affirmed.
Publication Date: 2019-10-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1229
The general assembly did not delegate its legislative authority when it enacted §306(a.3) of Pennsylvania's Workers' Compensation Act, but adopted existing standards as its own in the exercise of its power to legislate; therefore, petitioner failed to state a legally sufficient claim for declaratory or injunctive relief in its challenge to the statute. The court sustained respondents' preliminary objections.
Publication Date: 2019-09-16
Practice Area: Dispute Resolution
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 19-1095
Plaintiff employee had standing to pursue an appeal from an unfavorable arbitration decision following a grievance filed by her union where the union withdrew its appearance and did not participate in any legal decisions in the arbitration due to a perceived conflict of interest with plaintiff. The court of common pleas vacated and remanded.
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